Clackamas Jail Lawsuit

Case 3:18-cv-01754-HZ Document 1 Filed 10/02/18 Page 1 of 38
John T. Devlin, OSB No. 042690

john@johndevlinlaw.com
Devlin Law, P.C.
1212 SE Spokane Street
Portland, OR 97202
Telephone: (503) 228-3015
Facsimile: (503) 660-4079
Of Attorneys for Plaintiff
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
BRENDA KAY NORDENSTROM, personal Civil Action No.

representative for the Estate of Bryan Perry,
Deceased; and BRENDA KAY COMPLAINT FOR
NORDENSTROM, an individual, VIOLATION OF CIVIL
RIGHTS (42 USC § 1983) AND
Plaintiff, SUPPLEMENTAL STATE
v. CLAIMS
CORIZON HEALTH, INC., a Tennessee DEMAND FOR TRIAL BY
Corporation; CLACKAMAS COUNTY, an JURY
Oregon county; JANA RACKLEY, an
individual; CAMILLE VALBERG, an
individual; NADIA PETROV, an individual;
ALEX SALAZAR, M.D., an individual;
SHAWN SHULTZ, an individual;
BENJAMIN LEFEVER, an individual; MATT
SAVAGE, an individual; RICKY PAURUS,
an individual; LACEY SANDQUIST, an
individual; RICHARD TAYLOR, an
individua; NICK JOHNSON, an individual;
MATRONA SHADRIN, an individual; and
JOHN DOES 1-10,
Defendants.
INTRODUCTION
1. On November 3, 2016, Bryan Perry (then age 31) was arrested on an
outstanding warrant and taken to the Clackamas County Jail. When he was booked into
Page 1 – COMPLAINT FOR VIOLATION OF CIVIL RIGHTS AND SUPPL. STATE CLAIMS
the jail at 7:15 p.m., Mr. Perry was not able to control his bodily movements. Jail deputies
chose not to send him to the hospital and instead placed him in a padded cell, where he
continued to move around uncontrollably for the next four hours. One Clackamas County
employee took two cell phone videos of Mr. Perry; several Clackamas County employees
can be heard on the videos making fun of his inability to control his bodily movements.
Corizon Health, Inc., which provides the medical care at the Clackamas County Jail, has a
nationwide pattern and practice of failing to properly treat jail inmates experiencing drug
or alcohol overdose or withdrawal. Consistent with this practice, a Corizon nurse only
visited Mr. Perry twice, spending a total of less than five minutes with him. When another
Corizon nurse went to check on Mr. Perry around 11:15 p.m., he became nonresponsive.
He was pronounced dead of cardiac arrest at Kaiser Sunnyside Medical Center less than an
hour later.
JURISDICTION AND VENUE
2. This action arises under the constitution and laws of the United States and
jurisdiction is based on 28 USC § 1331 and 28 USC § 1343(a). This Court has pendent
jurisdiction of the state law negligence claims pursuant to 28 USC § 1367.
PARTIES
3. Plaintiff Brenda Nordenstrom is the duly appointed personal representative
of the Estate of Bryan Perry, deceased. Brenda Nordenstrom is the mother of Bryan Perry,
deceased. Brenda Nordenstrom is a citizen and a resident of the State of Oregon. At the
time of his death, Bryan Perry was a citizen and a resident of the State of Oregon. At all
times herein pertinent, Bryan Perry was a pretrial detainee in the Clackamas County Jail.
4. Bryan Perry was born in Portland, Oregon on April 7, 1985. He served in
the United States Army during Operation Iraqi Freedom. He was honorably discharged
and received a Purple Heart.
5. Corizon Health, Inc. (“Corizon”) is a Delaware corporation authorized to do
business in the State of Oregon. Its business is providing medical services in jails and
prisons nationally, and in the Clackamas County Jail specifically. At all times herein
pertinent, Corizon was acting under color of state law.
6. Clackamas County is an Oregon county. Clackamas County operates a jail,
and has contracted with Corizon to provide all necessary medical care to pretrial detainees
and persons convicted of crimes held at the Clackamas County Jail.
7. Jana Rackley is a registered nurse who was employed by Corizon to work as
a nurse in the Clackamas County Jail. On information and belief, she is a citizen and
resident of the State of Oregon.
8. Camille Valberg is a registered nurse who was employed by Corizon to work
as a nurse in the Clackamas County Jail. On information and belief, she is a citizen and
resident of the State of Oregon.
9. Nadia Petrov is a registered nurse who was employed by Corizon to work as
the Director of Nursing in the Clackmas County Jail. On information and belief, she is a
citizen and resident of the State of Oregon.
10. Dr. Alex Salazar is a doctor who was employed by Corizon to work as the
Medical Director in the Clackamas County Jail. On information and belief, he is a citizen
and resident of the State of Oregon.
11. Shawn Shultz is a Clackamas County employee who at all times pertinent
was working in the Clackmas County Jail as a corrections officer. On information and
belief, he is a citizen and resident of the State of Oregon.
12. Benjamin Lefever is a Clackamas County employee who at all times
pertinent was working in the Clackmas County Jail as a corrections officer. On information
and belief, he is a citizen and resident of the State of Oregon.
13. Matt Savage is a Clackamas County employee who at all times pertinent was
working in the Clackmas County Jail as a corrections officer. On information and belief,
he is a citizen and resident of the State of Oregon.
14. Ricky Paurus is a Clackamas County employee who at all times pertinent
15. Lacey Sandquist is a Clackamas County employee who at all times pertinent
belief, she is a citizen and resident of the State of Oregon.
16. Richard Taylor is a Clackamas County employee who at all times pertinent
was working in the Clackmas County Jail as a corrections sergeant. On information and
17. Nick Johnson is a Clackamas County employee who at all times pertinent
was working in the Clackmas County Jail as a corrections sergeant. On information and
18. Matrona Shadrin is a Clackamas County employee who at all times pertinent
was working for the Clackamas County Interagency Task Force. On information and
belief, she is a citizen and resident of the State of Oregon.
19. John Does 1-9 are Corizon employees and supervisors responsible for the
provision of medical services at the Clackamas County Jail on November 3-4, 2016. John
Doe 10 is the unidentified male who was present and made comments when Deputy
Shadrin recorded two cell phone videos of Mr. Perry. At all times herein pertinent,
defendants John Does 1-10 were acting under color of state law.
FACTUAL ALLEGATIONS
20. The Clackamas County Jail houses pretrial detainees and persons convicted
of crimes. Clackamas County is obligated by state and federal law to provide medical care
for persons lodged in the Clackamas County Jail. Clackamas County’s duty to provide
medical care is a nondelegable duty.
21. Commencing in July 2011, Clackamas County contracted with Corizon to
provide medical care to pretrial detainees and persons convicted of crimes lodged in the
Clackamas County Jail. Clackamas County paid Corizon a fee of more than $2,400,000
per year for its services.
22. Corizon agreed that its services “shall be designed to meet or exceed the
standards promulgated and developed” by the National Commission on Correctional
Health Care (“NCCHC”). Corizon also agreed that “[a] licensed healthcare professional
will perform an intake screening on incoming inmates upon admission to the jail.”
23. The NCCHC publishes “Standards for Health Services in Jails.” NCCHC
Standard J-E-02 states that it is “essential” that a “receiving screening is performed on all
inmates on arrival at the intake facility to ensure that emergent and urgent health needs are
met” and that “persons who are * * * severely intoxicated * * * or otherwise urgently in
need of medical attention are * * * [r]eferred immediately for care and medical clearance
into the facility.” NCCHC Standard J-E-02 explains that “[m]edical clearance is a clinical
assessment of physical and mental status before an individual is admitted into the facility.
The medical clearance may come from on-site health staff or may require sending the
individual to the hospital emergency room. The medical clearance is to be documented in
writing.”
24. NCCHC Standard J-G-07 states that it is “essential” that “[i]nmates
experiencing severe or progressive intoxication (overdose) or severe alcohol/sedative
withdrawal are transferred immediately to a licensed acute care facility.” NCCHC
Standard J-G-07 also states that it is “essential” that that “[i]ndividuals showing signs of
intoxication or withdrawal are monitored by qualified health care professionals using
recognized standard assessments at appropriate intervals until symptoms have resolved.”
25. On November 3, 2016, at approximately 6:30 p.m., Bryan Perry was arrested
on an outstanding warrant while walking at Eastport Plaza. Steven Kays, a member of the
Clackamas County Interagency Task Force (“CCITF”), recognized Mr. Perry and knew
that he had an outstanding warrant.
26. Oregon State Police Detective Matthew Fromme transported Mr. Perry from
Eastport Plaza to the Clackamas County Jail. During the transport, Mr. Perry talked with
Detective Fromme about his prior military service and his plans to take a welding class at
Clackamas Community College. He told Detective Fromme: “Look at me. I’m a mess. I
don’t like this lifestyle.” Detective Fromme noted that Mr. Perry was displaying
involuntary movements that increased as they got closer to the jail. Detective Fromme also
noted that Mr. Perry was polite and courteous during the entire transport.
27. Clackamas County Sheriff’s Office Detective Micah Hibpshman saw Mr.
Perry at the scene of his arrest and at the Clackamas County Jail. Detective Hibpshman
noted that Mr. Perry was cooperative at the scene of his arrest and thought that Mr. Perry
was high on methamphetamine. Detective Hibpshman said that Mr. Perry was “tweaking”
at the jail, which was not how Mr. Perry was acting at the scene of his arrest. He noted
that Mr. Perry’s arms were moving all over the place but that he was verbally compliant.
28. When they arrived at the Clackamas County Jail, Detective Fromme turned
Mr. Perry over to the custody of the jail staff. The jail video shows that Mr. Perry was
unable to control his bodily movements from the time he entered the jail. Mr. Perry was
booked into the Clackamas County Jail at 7:15 p.m.
29. Deputy Shawn Shultz completed a “Classification Screener” for Mr. Perry.
Deputy Shultz indicated that Mr. Perry was under the influence of alcohol or drugs and
included the comment “meth/bath salts.” He selected “no” to the questions of whether Mr.
Perry was showing “signs of alcohol/drugs withdrawals/sweating/needle
marks/tremulouse/hallucinations” or had “current substance abuse needs.” Deputy Shultz
also indicated that Mr. Perry had current mental health needs and included the comment
“couldn’t remember meds.” Deputy Shultz selected “no” to the questions of whether Mr.
Perry was displaying “abnormal/bizarre behavior/dress” or was
“delusional/incoherent/paranoid/passive/developmental disability.” Deputy Shultz
answered “no” to the questions of whether Mr. Perry had a “current need for E.R.
treatment/signs of trauma” or “needs to be seen by a nurse.” Sergeant Richard Taylor, who
was the Booking Sergeant, approved this document.
30. Deputy Shultz also completed a “Mental Health Screener” for Mr. Perry.
This form indicated that he referred Mr. Perry to “medical” at 7:20 p.m. Deputy Shultz
selected “no” to questions about whether Mr. Perry was displaying “bizarre behavior,” was
“under the influence drugs/alcohol,” was “unable to follow simple commands,” or was
“speaking nonsense/gibberish.”
31. The video from the jail shows that Mr. Perry could not control his bodily
movements during the intake process. Five deputies (including Ben Lefever, Shawn Shultz
and Matt Savage) struggled to contain his movements, placing him in a chair to hold him
down. Sergeant Taylor observed the process.
32. Deputy Lefever documented that Mr. Perry “could not stand up by himself
or stand still. To search him, I had to help hold him up. His speech was barely coherent.
He did not intentionally resist me, while I was trying to search him, but he had no control
of his movements.”
33. Deputy Savage documented that “[d]uring intake I witnessed Inmate Perry
in what I perceived to be a highly intoxicated state. Inmate Perry was unable to control his
movements, thrashing around in the chair he was seated in.”
34. Sergeant Nick Johnson, who was the Housing Sergeant, documented that Mr.
Perry was “moving uncontrollably and twitching. Although he was standing under his own
power and will he could not hold still.” He also documented that Mr. Perry “was not being
uncooperative or combative [during the booking process] but just unable to sit still.” He
noted that Mr. Perry was taken to the “Booking High Security Cell.”
35. Mr. Perry was placed into the High Security Cell, which is a holding cell
specially designed with all surface areas constructed with padded material. The padding is
used to prevent people from hurting themselves on hard surfaces.
36. The video from the jail shows that Mr. Perry was placed into the padded cell
at 7:20 p.m. Deputy Lefever placed Mr. Perry in the cell. Deputy Savage and another
deputy took off his pants, searched them, and the other deputy tossed the pants back into
the cell. Mr. Perry did not put his pants back on and remained in his underwear. Sergeant
Taylor observed the entire process.
37. Despite Corizon’s contractual promise and the relevant NCCHC Standards,
Mr. Perry did not have an intake or receiving screening prior to his admission into the jail.
38. Deputy Matrona Shadrin was a member of the CCITF and was present during
Mr. Perry’s arrest. She said that Mr. Perry was “apologetic,” “answered appropriately,”
and “seemed fine” at the scene of his arrest. At approximately 7:40 p.m., Deputy Shadrin
took a video on her phone of Mr. Perry in his cell. She said that “one of the correction
guys called us over to take a look at him and see what he was doing. And it was so bizarre,
like he just would not stop, that I actually ended up recording it.” The jail video shows that
Deputy Paurus pointed towards Mr. Perry’s cell as Deputy Shadrin approached him. She
also said: “For me, it was so bizarre to see him from the scene to what he was doing at the
jail. And, um, I remember even asking them, going this is so bizarre, like when did this
start? Did it start when he got here or, um, you know it was just that’s so weird because
he wasn’t like that. The jail staff said that he was like that when he got there.”
39. Deputy Shadrin recorded two videos on her cell phone. Each video is
approximately one minute in length. The videos show Mr. Perry moving uncontrollably in
his cell and making unintelligible noises. The cell phone videos also recorded the voices
of the people watching Mr. Perry.
40. The jail video shows that, on information and belief, Deputy Paurus and
Deputy Sandquist were present when Deputy Shadrin took one or both of the cell phone
videos, along with another male known as John Doe 10.
41. On information and belief, Deputy Lefever saw that Deputy Shadrin was
taking the cell phone videos but did not participate in the recorded discussion. On
information and belief, Deputy Lefever did not attempt to stop Deputy Shadrin from taking
the cell phone videos.
42. On the first cell phone video, on information and belief, Deputy Sandquist
asks Deputy Shadrin: “Part of the case, right?” On information and belief, Deputy Shadrin
responds: “Well, yeah, he’s on a PV for drugs.” On information and belief, Deputy
Sandquist suggests that Mr. Perry should “go to the schools” as “the new DARE.” On
information and belief, John Doe 10 says: “You could just take him and put him in the
front of the class.” The group laughs and, on information and belief, Deputy Sandquist
responds: “That would be fantastic.” On information and belief, Deputy Paurus suggests
that “you could just wheel him in in a cage and wheel him back out.” On information and
belief, Deputy Sandquist responds: “Just let him sit there for, like, ten minutes and then
‘don’t do drugs’ and then wheel him back out.” On information and belief, Deputy Paurus
says: “Look what I got for show and tell today.” On information and belief, Deputy
Sandquist says: “And then one kid – ‘that’s my dad.’” On information and belief, Deputy
Paurus responds: “That’s awful. I mean, that’s absolutely awful.” As Mr. Perry’s face
moves toward the camera, on information and belief, Deputy Shadrin says: “Please, no face
shots.” On information and belief, Deputy Shadrin says: “I wish we could show this to his
girlfriend like, ‘you love this?’”
43. On the second cell phone video, on information and belief, Deputy Shadrin
says: “I’m glad we took him before this kicked in.” On information and belief, Deputy
Paurus says: “This poor guy.” When Mr. Perry momentarily locks his hands behind his
head and leans forward, on information and belief, Deputy Shadrin says: “Crunches.”
When it appears that Mr. Perry’s underwear might come off, on information and belief,
Deputy Paurus says: “You might get an eyeful so be careful.”
44. On information and belief, no one was disciplined or fired for taking these
videos or making the comments that were recorded.
45. Sergeant Johnson observed Mr. Perry approximately 20-30 minutes after he
was placed in the padded cell. Mr. Perry was “laying on the bench flopping around flaring
his arms and legs uncontrollably. At one point Mr. Perry sat himself up on the bench and
began rocking back and forth. Again, it was apparent he was intoxicated on some type of
drug.”
46. Sergeant Johnson was present during a conversation between Sergeant
Taylor and a Corizon nurse named Jana Rackley. Sergeant Taylor and Nurse Rackley were
discussing “Mr. Perry’s behavior and tried to figure out what drugs Mr. Perry and [sic]
consumed in order to provide the best plan medically should Mr. Perry begin to have
medical issues.” Sergeant Taylor and Nurse Rackley then spoke with Bridgette Mountsier,
who was arrested at the same time as Mr. Perry, “about what drugs Mr. Perry possibly
consumed.” Before Ms. Mountsier was returned to her cell, she yelled “I love you Bryan”
and Mr. Perry responded “I love you too.”
47. Sergeant Johnson then saw Sergeant Taylor and Nurse Rackley go into Mr.
Perry’s cell. He documented this interaction: “Sgt. Taylor had multiple Deputies enter the
cell and hold on to Mr. Perry who was lying on the floor so Nurse Jana could get a good
read on his vitals. Mr. Perry was still moving around uncontrollably so that is why the
Deputies had to hold on to him. Mr. Perry was not being uncooperative he just couldn’t
hold still because of the drugs he had in his system.”
48. The jail video shows that four deputies (LeFever, Shultz, Sandquist and an
unidentified male) entered Mr. Perry’s cell at 7:55 p.m. They held him down on the ground
and Nurse Rackley approached him. They spent a total of two minutes inside the cell. As
soon as they released Mr. Perry, he continued to move around uncontrollably. Someone
brought in a cup of water, but Mr. Perry knocked it over.
49. The Corizon medical file contains a note prepared by Nurse Rackley. Nurse
Rackley wrote: “This RN went to speak with Sergeant Taylor regarding another issue and
was asked to look at this pt, he was a new incoming. Pt reported taking meth, heroin and
bath salts today. Pt visibly out of control, flopping all over the HS cell. Appeared pt could
not control his movements. Deputies tried to assist me getting [vital signs.] HR: 86. O2%
-- 91. T: 98.6. Pt is clearly out of breath and breathing rapidly, will attempt to reassess in
an hour.” The note is dated November 3, 2016 and timed 8:43 p.m.
50. At approximately 8:30 p.m., Sergeant Johnson was alerted that Ms.
Mountsier “had all of a sudden started flopping around and acting just like Mr. Perry. The
other women in the holding tank were becoming frightened and upset because she was
begin [sic] to uncontrollably twitch, flair her arms and legs and could not hold still.”
Several deputies moved Ms. Mountsier to a single cell, where “she walked a few steps into
the center of the cell where she fell straight on her head.”
51. Several deputies (including Savage, Sandquist, Paurus and Lefever) moved
Ms. Mountsier to the medical office. Sergeant Taylor was present as well. Sergeant
Johnson told the deputies to put Ms. Mountsier in a restraint chair. The jail video shows
that Ms. Mountsier was placed in a restraint chair outside the medical office.
52. A Corizon nurse named Camille Valberg took Ms. Mountsier’s vital signs
while she was in the restraint chair. The jail video shows that Nurse Rackley saw Ms.
Mountsier in the restraint chair and talked with Deputy Sandquist and another deputy.
Nurse Rackley laughed while she was talking with the deputies.
53. Ms. Mountsier remained outside the medical office in the restraint chair until
approximately 9:16 p.m., when she was moved to the booking area in the restraint chair.
EMS personnel responded and took her to Kaiser Sunnyside Medical Center at
approximately 9:34 p.m. Ms. Mountsier was treated at Kaiser Sunnyside and survived.
54. Sergeant Johnson documented that “[k]nowing that Ms. Mountsier had
consumed something and her erratic behavior indicated she had ingested drugs although
she was now having a more severe reaction to it than Mr. Perry. Again both of these
inmates came in together and with similar symptoms now occurring the decision was made
to transport Ms. Mountsier to the hospital.” Sergeant Johnson asked Nurse Rackley and
two deputies to check on Mr. Perry.
55. The jail video shows that Deputy Lefever and an unidentified deputy entered
Mr. Perry’s cell at 9:16 p.m. and gave him some water. Nurse Rackley entered the cell at
9:17 p.m. and spent less than three minues with Mr. Perry. She did not prepare a
contemporaneous record of her interaction with Mr. Perry. The deputies remained in the
cell to give him some more water, then exited the cell at 9:20 p.m.
56. Sergeant Taylor documented on a “Watch Log” that a watch was started for
Mr. Perry at 9:36 p.m. Various deputies (including Lefever, Johnson and Sandquist)
periodically checked on Mr. Perry through the window of the padded cell. The jail video
shows that Mr. Perry was still moving uncontrollably. Deputy Lefever gave more water to
Mr. Perry at 9:35 p.m. and 10:26 p.m.
57. Deputy Sandquist later told an investigator that there was no formal check
set up for Mr. Perry. Because he was unable to control his bodily movements, the deputies
were checking on him whenever they checked other inmates who were on suicide watch.
She said that Mr. Perry acted like he had bugs under his skin, sporadically moving his
hands all over his body and uncontrollably moving his limbs all over the place. He did not
display any steady movements, did not sit down and did not lay down. He moved
sporadically from one area of the room to the next.
58. The jail video shows that Nurse Valberg was in the hallway outside Mr.
Perry’s cell three times between 10:05 p.m. and 10:10 p.m. She did not look into Mr.
Perry’s cell.
59. Sergeant Johnson documented that he “went down to Medical and talked to
Nurse Camille [Valberg] to double check to see if she was up to date on Mr. Perry and his
condition and to insure she did another check on him. I knew Nurse Jana [Rackley] was
on her way out of the facility and off duty. Nurse Jana to my knowledge was the last to
check Mr. Perry so I wanted to make sure Nurse Camille was going to check Mr. Perry
again. Nurse Camille was aware she needed to check him again and asked me to put Mr.
Perry in the restraint chair so she could get a good set of vitals. I explained to her that I
would not put Mr. Perry in the restraint chair at that time. I explained to her some different
situations where we could use the chair although up to this time Mr. Perry was not hurting
himself, in danger of hurting himself or actively being aggressive or combative towards
anybody. In fact I knew already that Nurse Jana had just got vitals without incident and
with the Deputies present they would be assisting her in get [sic] vitals the next check
Nurse Camille did.”
60. The jail video shows that Nurse Valberg looked into Mr. Perry’s cell at 10:47
p.m. but did not go inside. The jail video shows that Mr. Perry was still moving
uncontrollably at 10:47 p.m.
61. Deputy Savage documented that, at approximately 11:00 p.m., Nurse
Valberg “came into the Matrix office and stated she was sorry for being so slow tonight
and that she had been very busy. She stated she was going to check Inmate Perry, Bryan
Everett soon and then she would be back to her normal duties. I informed her that he had
taken Methamphetamine, Bath Salts and Heroin today. I informed her that she should call
and have a Sergeant stand by due to his thrashing in the cell and unpredictability from the
chemicals he had in his system. I had written a report hours earlier about having to restrain
Inmate Mountsier, the female he was arrested with after she also began thrashing around.
We talked for a bit longer and then she left.”
62. The jail video shows that Nurse Valberg and a Corizon nurse named Lydia
Cronin looked into Mr. Perry’s cell at 11:07 p.m. but did not go inside. The jail video
shows that Mr. Perry was still moving uncontrollably at 11:07 p.m.
63. The jail video shows that Deputy Lefever, Deputy Savage and Nurse Valberg
entered the cell at 11:16 p.m. Deputy Savage tried to help Mr. Perry to sit up. Deputy
Lefever offered a cup of water but Mr. Perry could not take it. Deputy Paurus entered the
cell and extended Mr. Perry’s arm so that Nurse Valberg could attempt to take a blood
pressure reading. Nurse Valberg briefly left the cell at 11:20 p.m. The three deputies
remained in the cell. Nurse Valberg returned and again tried to get a blood pressure
reading. Deputy Sandquist entered the cell. Nurse Valberg began a sternum rub on Mr.
Perry and lifesaving measures were started at 11:23 p.m.
64. At 11:23 p.m., AMR received a call indicating that an inmate at the
Clackamas County Jail had experienced “cardiac arrest.”
65. Deputy Sandquist documented on a “Watch Log” that she checked on Mr.
Perry at 11:30 p.m. and that Mr. Perry was “laying down.” The jail video shows that jail
deputies and EMTs were performing lifesaving measures on Mr. Perry at 11:30 p.m.
66. At 11:33 p.m., AMR personnel began their treatment of Mr. Perry. The AMR
records indicate that someone told the EMTs that Mr. Perry was “found down
unconscious/unresponsive, pulseless and apneic on a cell bench by CCSO corrections
personnel.”
67. Deputy Sandquist documented on a “Watch Log” that she checked on Mr.
Perry at 11:38 p.m. and that Mr. Perry was “laying down.” The jail video shows that EMTs
were performing lifesaving measures on Mr. Perry at 11:38 p.m.
68. At 11:56 p.m., AMR personnel departed the Clackamas County Jail with Mr.
Perry. They arrived at Kaiser Sunnyside Medical Center at 12:07 a.m. on November 4,
2016.
69. Mr. Perry was declared dead at 12:16 a.m. on November 4, 2016. The cause
of death was listed as cardiac arrest.
70. At 4:14 a.m., someone made the following entry into the Corizon medical
chart: “Pt booked into CCJ earlier this evening, presenting with appearant [sic] drug use
behavior, unable to sit still, uncooperative and agitated. Pt monitored [sic] and vitals cked.
Pts girlfriend, at time of intake, stated pt had taken bath salts. At approx. 2315 when this
nurse and 4 deputies/sergeants entered pts cell to take vitals, pt was cooperative and sat up
when asked. As soon as the BP cuff was placed on pt, this nurse immediately had problems
obtaining a manual BP. Pt pulse was found to be absent at point of auscultaion [sic]. EMS
was called. AED was applied with no shocks administered. CPR was started. No
medications administered.” This note, which is entitled “Emegency Department Referral,”
does not have an author, but the context suggests that it was written by Nurse Valberg.
71. The jail video shows that Mr. Perry was not able to sit up when asked.
Deputy Savage helped him into a slumped position on the bench.
72. At 5:12 a.m., Nurse Valberg prepared a “late entry” chart note. In that note,
she wrote: “Pt booked into CCJ earlier this eve. Pt was seen shorly [sic] by on duty
medical, but it was reported that medical was unable to do a full intake due to reaction of
appearant [sic] drug use. Vitals were taken at that time. Vitals were repeated again a
second time by medical. At approx. 2310 pt was assessed a 3rd time by this RN. This
nurse, accompanied by 4 deputies/sergeants, entered pts cell to obtain vitals. Pt has
previously been in an agitated stated [sic], appearing to be not of control of his body
movements. Upon entering the cell pt was responsive and cooperative. Pt sat up when ask
to and responded cooperatively to having his BP taken. A manual BP cuff was placed on
the pt and this nurse attempted to acquire a BP. Pt suddenly appeared to go unresponsive.
This nurse ordered for EMS and an AED. Pulse was unable to be found upon auscultation
[sic]. Sternal rub produced no response. AED was placed. No shocks were administered.
CPR was started. EMS arrived and took over at approx. 2325. After approx 20 min of
resuscitation pt acquired a heart beat and was transported to Kaiser Sunnyside Hospital.”
73. The jail video shows that Mr. Perry did not sit up when asked to and did not
respond cooperatively to having his blood pressure taken. Deputy Savage helped him into
a slumped position on the bench. Deputy Paurus had to extend his arm so that Nurse
Valberg could attempt to take his blood pressure.
74. At 7:48 a.m., a Corizon nurse named Nadia Petrov prepared a Corizon
Emergency Department Referral form, stating that the reason for the referral was “altered
mental status – drug overdose, collapsed during vitals check. AMS activated.” The onset
was described as “sudden.” The vital signs were “unable to obtain, collapsed.” The doctor
who approved the referral was listed as “A. Salazar, MD.” The Corizon medical file
contains a second version of this form, signed by Ms. Petrov, with the time and date
changed by hand to November 3, 2016 at 11:50 p.m. Ms. Petrov was the Director of
Nursing for the jail, and Dr. Salazar was the Medical Director for the jail.
75. Later that day, Deputy State Medical Examiner (Dr. Larry Lewman)
performed an autopsy on Mr. Perry. The cause of death was listed as methamphetamine
toxicity.
76. At 1:14 p.m. on November 5, 2016, Nurse Rackley prepared a “late entry”
chart note. In that note, she wrote: “This RN checked on pt 11/3/16 around 2130. Pt had
been asking for water. 2 deputies assisted me with pt. Pt was easily following directions.
Pt had better control over his body movements and was able to sit on the bench. I was able
to obtain a BP, which was unobtainable the first time I checked in with pt d/t uncontrollable
body movements. BP: 90/52, HR:97, O2: 91-92%. This RN asked pt what he had taken
again. Pt responded with meth, heroin and bath salts. Deputy asked pt why take so much.
Pt responded with ‘I have been using for so long and my tolerance is up.’ Pt was able to
have conversation, understanding and following directions. Pt was making sense. This
RN told Sergeant Johnson we were going to evaluate pt for now as he was responding
better both physically and cognitively. Sergeant Johnson was OK with this plan. Advised
increased fluids for pt, especially since he was requesting. Report passed on to Camille,
RN. Advised pt be rechecked within the hour and frequently after.”
77. The jail video shows that Nurse Rackley spent less than 140 seconds with
Mr. Perry. The jail video does not show the type of interactions that would have allowed
Nurse Rackley to evaluate Mr. Perry’s ability to understand and follow directions or to
“make sense.”
78. After Mr. Perry’s death, Deputy Lefever told an investigator: “He was the
highest I’ve seen someone, since I’ve, I mean, not that I’ve worked here that long, but since
I’ve worked here, I haven’t seen that before.”
79. On information and belief, no one was disciplined or fired for their treatment
of Mr. Perry.
CORIZON’S HISTORY OF DELIBERATE INDIFFERENCE

TO THE SERIOUS MEDICAL NEEDS OF JAIL INMATES
SUFFERING FROM ALCOHOL OR DRUG OVERDOSE OR WITHDRAWAL
80. Corizon was formed in 2011 following the merger of Prison Health Services
(“PHS”) and Correctional Medical Services (“CMS”).
81. In November 2006, Senior District Judge Richard Enslen of the United States
District Court for the Western District of Michigan wrote in a published opinion: “Here is
the basic message: You are valuable providers of life-saving services and medicines. You
are not coat[]racks who collect government paychecks while your work is taken to the
sexton for burial. If a patient does not receive necessary medical or psychological services,
including medicines and specialty care, it is not his problem, it is your problem, a problem
that must be solved at lunch, nights or weekends, if necessary. If someone in the
bureaucracy, including CMS, is stopping you from providing necessary services in a timely
way, or stopping the patient from obtaining necessary specialist care or medicine, you
should pester the malefactors until they respond and the services are provided. If they still
won’t relent, you are to relay their names, including correct spellings and addresses at
which they may be arrested, to the medical monitor so these persons may be held in
contempt and jailed, if necessary. The days of dead wood in the Department of Corrections
are over, as are the days of CMS intentionally delaying referrals and care for craven profit
motives.”
82. In December 2006, the Civil Rights Division of the United States Department
of Justice sent a report to the Governor of Delaware summarizing the findings of its
investigation into the care provided by CMS to prisoners at five Delaware facilities. The
report stated that “[o]ur investigation revealed that patients with life-threatening conditions
are not receiving timely care.”
83. In July 2007, Isaac Bennett died in the City Justice Center, located in
Missouri, of cardiac arrest due to heroin withdrawal. CMS had the contract to provide
medical care at the jail. In February 2014, Corizon agreed to pay a confidential amount to
resolve a wrongful death claim related to Mr. Bennett’s death.
84. In August 2010, Martin Harrison died in the Santa Rita Jail, located in
California, after going into severe alcohol withdrawal. PHS had the contract to provide
medical care at the jail. In February 2015, Corizon and Alameda County agreed to pay
$8,300,000 to resolve a wrongful death claim related to Mr. Harrison’s death. Corizon also
agreed to change its policies to ensure that registered nurses conducted receiving
screenings and patient assessments and to provide training for jail staff “on alcohol and
other drug problems, including intoxication and withdrawal, mental health and medical
emergencies, and the appropriate communications to medical and mental health staff.”
85. In March 2011, a jury in the United States District Court for the Middle
District of Florida found that PHS was deliberately indifferent to the serious medical needs
of Brett Fields, who was suffering from a spinal abscess but was not sent to the hospital by
PHS staff in a timely fashion. The jury awarded $700,000 in compensatory damages and
$500,000 in punitive damages. In September 2012, the United States Court of Appeals for
the Eleventh Circuit affirmed the jury’s verdict. In its opinion, the Court wrote: “The
evidence at trial supports the jury’s determination that [PHS] had a policy that delayed
treatment of serious medical problems.” The Court also wrote: “The jury could have
concluded that [PHS] delayed treatment to save money, which is not a medical
justification.”
86. In April 2012, Savannah Sparks died in the New Jail Complex run by the
Louisville Metro Department of Corrections, located in Kentucky, as a result of heroin
withdrawal. Corizon had the contract to provide medical care at the jail. An investigation
by the Louisville Metro Department of Corrections revealed that Corizon staff failed to
follow procedures for inmates going through detoxification and failed to have Ms. Sparks
seen by a doctor. Corizon did not discipline any staff members following Ms. Sparks’
death. In November 2012, the Louisville Metro Department of Corrections communicated
its findings to the senior leadership of Corizon, including the Chief Medical Officer and a
Senior Vice President of Operations. Among other things, the Louisville Metro
Department of Corrections concluded that one Corizon employee “appeared to have been
misleading during Inmate Sparks death investigation.” The Senior Vice President said that
Corizon would take full responsibility for its actions publicly and financially. In 2013,
Corizon agreed to pay a confidential amount to resolve a wrongful death claim related to
Ms. Sparks’ death.
87. In April 2013, Kyle Bigbee was booked into the Clackamas County Jail. His
jail file contained documentation that he had been diagnosed with colitis and had a
jejunostomy tube. Mr. Bigbee did not have an intake medical screening from a Corizon
staff member for approximately 39 hours. Mr. Bigbee was released from the jail about one
hour after his intake medical screening. Following his release from jail, Mr. Bigbee went
to OHSU to be treated for dehydration. In April 2017, Magistrate Judge Stacie Beckerman
of the United States District Court for the District of Oregon issued Findings and
Recommendation in a lawsuit brought by Kyle Bigbee against Clackamas County. Judge
Beckerman wrote that “[t]he Corizon staff’s goal, absent an emergency, is to evaluate
inmates within twenty-four hours of their arrival, although Corizon’s contract with the
County provides that Corizon personnel will screen all inmates immediately upon
admission into the jail.”
88. In April 2014, Madaline Pitkin died in the Washington County Jail as a result
of heroin withdrawal. Corizon had the contract to provide medical care at the jail. An
investigation by The Oregonian revealed that Ms. Pitkin did not get adequate medical
treatment despite her repeated requests for help and her worsening symptoms of
withdrawal. In November 2014, the Board of Nursing for the State of Oregon reprimanded
a Corizon nurse for her conduct in connection with Ms. Pitkin.
89. In January 2015, Daniel Wichterman died in the City of Philadelphia’s Police
Detention Unit, located in Pennsylvania, of a drug overdose. Corizon had the contract to
provide medical care at the Police Detention Unit. In November 2016, a wrongful death
lawsuit was filed against Corizon, the City of Philadelphia, and various employees, alleging
that the defendants failed to treat Mr. Wichterman’s serious medical need of opiate
overdose.
90. In April 2015, Magistrate Judge Thomas Coffin of the United States District
Court for the District of Oregon issued an Order denying Corizon’s motion for summary
judgment in Derek Johnson, et al. v. Corizon Health, Inc., et al. Judge Coffin wrote that
“the evidence lends itself to an inference that Corizon, perhaps in conjunction with Lane
County, implemented a policy of not screening inmates upon intake. * * * [A] trier of fact
could conclude that Corizon had a policy of not providing medical/mental health screening
contrary to its own contractual obligations and that policy was a moving force behind
Green’s injury.” He also wrote that “an inference can be drawn that Corizon did have a
policy of delaying treatment at the ER to avoid the cost of hospitalization and that policy
was a moving force behind the decision to not immediately send Green to the ER.”
91. In May 2015, Tyler Tabor died in the Adams County Detention Facility,
located in Colorado, of dehydration caused by drug withdrawal. Corizon had the contract
to provide medical care at the jail. In June 2016, a wrongful death lawsuit was filed against
Corizon, Adams County, and various employees, alleging that the defendants failed to take
Mr. Tabor to the hospital, failed to have him seen by a doctor in the jail, and failed to treat
his serious medical need of opiate withdrawal.
FIRST CLAIM FOR RELIEF
Civil Rights Claim – 8th and/or 14th Amendments – 42 USC § 1983
92. Plaintiff realleges and incorporates herein as though set forth in full
paragraphs 1 through 91, above.
93. Defendants Shultz, Lefever, Savage, Paurus, Sandquist, Shadrin, Taylor,
Johnson and John Doe 10 were deliberately indifferent to Mr. Perry’s rights under the
Eighth and/or Fourteenth Amendments of the U.S. Constitution in one or more of the
following ways:
a. In failing to send Bryan Perry to a hospital instead of admitting
him into the Clackamas County Jail;
b. In failing to provide Bryan Perry with prompt medical attention to
his serious medical needs;
c. In failing to conduct proper cell checks on Bryan Perry;
d. In failing to respond properly to the fact that Bryan Perry was
overdosing on drugs; and
e. In failing to promptly transfer Bryan Perry from the Clackamas
County Jail to a hospital for diagnosis and treatment at any point
after his admission into the Clackamas County Jail.
94. Defendants Rackley and Valberg were deliberately indifferent to Mr. Perry’s
rights under the Eighth and/or Fourteenth Amendments of the U.S. Constitution in one or
more of the following ways:
a. In failing to ensure that Bryan Perry was properly screened before
being admitted into the Clackamas County Jail;
b. In failing to ensure that Bryan Perry was seen by a doctor;
c. In failing to properly treat Bryan Perry’s serious medical needs;
d. In failing to recommend a transfer of Bryan Perry from the
Clackamas County Jail to a hospital for diagnosis and treatment at
any point after his admission into the Clackamas County Jail;
e. In failing to ensure that employees of the Clackamas County Jail
had proper training in screening people for medical problems
before admission into the jail;
f. In failing to ensure that employees of the Clackamas County Jail
had proper training in responding to the serious medical needs of
jail inmates; and
g. In failing to ensure that employees of the Clackamas County Jail
had proper training in responding to inmates experiencing drug or
alcohol overdose or withdrawal.
95. As a direct result of the actions and inactions of defendants as set forth in
paragraphs 93 and 94, above, Bryan Perry endured and suffered severe physical and
emotional distress, his medical condition was exacerbated, and he died of cardiac arrest.
Mr. Perry’s mother has been denied his love, society and companionship. Bryan Perry’s
estate and his mother are entitled to compensatory damages in whatever amount the jury
concludes is appropriate.
96. The actions of defendants Shultz, Lefever, Savage, Paurus, Sandquist,
Shadrin, Taylor, Johnson, John Doe 10, Rackley and Valberg were recklessly indifferent
to the civil rights of Bryan Perry and his mother, and callously disregarded Bryan Perry’s
physical safety, and punitive damages should be awarded in whatever amount the jury
concludes is appropriate.
97. Plaintiff is entitled to her necessary and reasonable attorney fees and costs
incurred in the prosecution of this action.
SECOND CLAIM FOR RELIEF
Monell Claims
99. The moving forces that resulted in the deprivation of the Eighth and/or
Fourteenth Amendment rights of Bryan Perry and his mother were the following policies,
customs or practices of Clackamas County and Corizon:
a. A policy, custom or practice of not providing intake screenings at
or near the time of booking;
b. A policy, custom or practice of providing insufficient medical
coverage;
c. A policy, custom or practice of hiring personnel indifferent to the
medical needs of inmates;
d. A policy, custom or practice of denying inmates medically
necessary transfers to hospitals;
e. A policy, custom or practice of failing to ensure that employees of
the Clackamas County Jail had proper training in screening people
for medical problems before admission into the jail;
f. A policy, custom or practice of failing to ensure that employees of
Clackamas County and Corizon had proper training in responding
to the serious medical needs of inmates;
g. A policy, custom or practice of failing to ensure that employees of
Clackamas County and Corizon had proper training in responding
to inmates experiencing drug or alcohol overdose or withdrawal;
and
h. A policy, custom or practice of failing to meet widely accepted
community standards of care with regard to medical services for
jail inmates.
100. The policies of defendants Corizon and Clackamas County posed a
substantial risk of causing substantial harm to Clackamas County inmates, and Corizon and
Clackamas County were aware of the risk.
101. As a direct result of the policies, customs or practices of Corizon and
Clackamas County, Bryan Perry was not provided with timely medical care. As a direct
result of the policies, customs or practices of Corizon and Clackamas County, Bryan Perry
endured and suffered severe physical and emotional distress, his medical condition was
exacerbated, and he died of cardiac arrest. Mr. Perry’s mother has been denied his love,
society and companionship. Bryan Perry’s estate and his mother are entitled to
compensatory damages in whatever amount the jury concludes is appropriate.
102. The actions of defendant Corizon were recklessly indifferent to the civil
rights of Bryan Perry and his mother, and callously disregarded Bryan Perry’s physical
safety, and punitive damages should be awarded in whatever amount the jury concludes is
appropriate.
THIRD CLAIM FOR RELIEF
Supervisory Liability
paragraphs 1 through 97, and paragraph 99, above.
105. Defendants Salazar, Petrov and John Does 1-9, in their supervisory
capacities, were aware of the policies, customs or practices as alleged in paragraph 98,
above, and were aware that said policies, customs or practices created a substantial risk of
causing substantial harm to Clackamas County inmates by endangering their physical
safety and their medical and mental health needs. Despite their knowledge, said
supervisors allowed, approved of and ratified said policies, customs or practices.
106. Defendants Salazar, Petrov and John Does 1-9, in their supervisory
capacities, failed to adequately train Corizon employees:
a. To conduct an intake screening of people at or near the time when
they are booked into the Clackamas County Jail;
b. To provide people housed in the Clackamas County Jail with
prompt medical attention to their serious medical needs;
c. To respond properly to an inmate experiencing drug or alcohol
overdose or withdrawal;
d. To recognize medical emergencies; and
e. To transfer people housed in the Clackamas County Jail to the
hospital if the person is experiencing a medical emergency.
107. Defendants Salazar, Petrov and John Does 1-9 were aware that the failure to
train set forth in paragraph 106, above, created a substantial risk of causing harm to
Clackamas County inmates.
108. As a direct result of the actions and inactions of defendants Salazar, Petrov
and John Does 1-9, Bryan Perry endured and suffered severe physical and emotional
distress, his medical condition was exacerbated, and he died of cardiac arrest. Mr. Perry’s
mother has been denied his love, society and companionship. Bryan Perry’s estate and his
mother are entitled to compensatory damages in whatever amount the jury concludes is
appropriate.
109. The actions of defendants Salazar, Petrov and John Does 1-9 were recklessly
indifferent to the civil rights of Bryan Perry and his mother, and callously disregarded
Bryan Perry’s physical safety, and punitive damages should be awarded in whatever
amount the jury concludes is appropriate.
FOURTH CLAIM FOR RELIEF
Negligence
112. The actions of defendants Corizon and Clackamas County, acting by and
through their employees and agents, were negligent in one or more of the following
particulars:
a. In failing to send Bryan Perry to a hospital instead of admitting him
into the Clackamas County Jail;
b. In failing to provide Bryan Perry with prompt medical attention to his
serious medical needs;
overdosing on drugs;
County Jail to a hospital for diagnosis and treatment at any point after
his admission into the Clackamas County Jail;
f. In failing to ensure that Bryan Perry was properly screened before
g. In failing to ensure that Bryan Perry was seen by a doctor;
h. In failing to properly treat Bryan Perry’s serious medical needs;
i. In failing to ensure that employees of the Clackamas County Jail had
proper training in screening people for medical problems before
admission into the jail;
j. In failing to ensure that employees of the Clackamas County Jail had
proper training in responding to the serious medical needs of jail
inmates; and
k. In failing to ensure that employees of the Clackamas County Jail had
proper training in responding to inmates experiencing drug or alcohol
overdose or withdrawal.
113. The actions of defendants Corizon, Clackamas County, Salazar, Petrov and
John Does 1-9, and each of them, were negligent in one or more of the following
particulars:
a. In allowing, approving and ratifying the policies, customs or
practices as alleged in paragraph 98, above;
b. In failing to adequately train Corizon and Clackamas County
employees to conduct an intake screening of people at or near the
time when they are booked into the Clackamas County Jail;
c. In failing to adequately train Corizon and Clackamas County
employees to provide people housed in the Clackamas County Jail
with prompt medical attention to their serious medical needs;
d. In failing to adequately train Corizon and Clackamas County
employees to respond properly to an inmate experiencing drug or
alcohol overdose or withdrawal;
e. In failing to adequately train Corizon and Clackamas County
employees to recognize medical emergencies; and
f. In failing to adequately train Corizon and Clackamas County
employees to transfer people housed in the Clackamas County Jail
to the hospital if the person is experiencing a medical emergency.
114. As a direct result of the actions and inactions of defendants, and each of them,
Bryan Perry endured and suffered severe physical and emotional distress, his medical
condition was exacerbated, and he died of cardiac arrest. Mr. Perry’s mother has been
denied his love, society and companionship. Bryan Perry’s estate and his mother are
entitled to compensatory damages in whatever amount the jury concludes is appropriate.
115. Notice pursuant to the Oregon Tort Claims Act was given to defendant
Clackamas County within the time prescribed by law.
FIFTH CLAIM FOR RELIEF
Gross Negligence/Reckless Misconduct
117. Defendant Corizon, by and through its employees acting within the scope of
their employment, was grossly negligent and acted with reckless misconduct in one or more
of the following particulars:
a. In failing to send Bryan Perry to a hospital instead of admitting him
into the Clackamas County Jail;
b. In failing to provide Bryan Perry with prompt medical attention to his
serious medical needs;
overdosing on drugs;
County Jail to a hospital for diagnosis and treatment at any point after
his admission into the Clackamas County Jail;
f. In failing to ensure that Bryan Perry was properly screened before
g. In failing to ensure that Bryan Perry was seen by a doctor;
h. In failing to properly treat Bryan Perry’s serious medical needs;
i. In failing to ensure that employees of the Clackamas County Jail had
proper training in screening people for medical problems before
admission into the jail;
j. In failing to ensure that employees of the Clackamas County Jail had
proper training in responding to the serious medical needs of jail
inmates; and
k. In failing to ensure that employees of the Clackamas County Jail had
proper training in responding to inmates experiencing drug or alcohol
overdose or withdrawal.
118. As a direct result of the misconduct of defendant Corizon, Bryan Perry
endured and suffered severe physical and emotional distress, his medical condition was
exacerbated, and he died of cardiac arrest. Mr. Perry’s mother has been denied his love,
society and companionship. Bryan Perry’s estate and his mother are entitled to
compensatory damages in whatever amount the jury concludes is appropriate.
119. The actions of defendant Corizon were grossly negligent, were recklessly
indifferent to the civil rights of Bryan Perry and his mother, and callously disregarded
Bryan Perry’s physical safety, and punitive damages should be awarded in whatever
amount the jury concludes is appropriate.
WHEREFORE, Plaintiff prays for judgment as follows:
On the First Claim for Relief, for judgment against defendants Shultz, Lefever,
Savage, Paurus, Sandquist, Shadrin, Taylor, Johnson, John Doe 10, Rackley and Valberg,
and each of them, for compensatory damages in whatever amount the jury concludes is
appropriate, and for punitive damages in whatever amount the jury concludes is appropriate
and for necessarily and reasonably incurred attorney fees and costs;
On the Second Claim for Relief, for judgment against defendants Corizon and
Clackamas County, and each of them, for compensatory damages in whatever amount the
jury concludes is appropriate, and for punitive damages against defendant Corizon in
whatever amount the jury concludes is appropriate, and for necessarily and reasonably
incurred attorney fees and costs;
On the Third Claim for Relief, for judgment against defendants Salazar, Petrov
and John Does 1-9, and each of them, for compensatory damages in whatever amount the
jury concludes is appropriate, and for punitive damages in whatever amount the jury
concludes is appropriate, and for necessarily and reasonably incurred attorney fees and
costs;
On the Fourth Claim for Relief, for judgment against defendants, and each of
them, for compensatory damages in whatever amount the jury concludes is appropriate,
and for necessarily and reasonably incurred costs;
On the Fifth Claim for Relief, for judgment against defendant Corizon for
compensatory damages in whatever amount the jury concludes is appropriate, for punitive
damages in whatever amount the jury concludes is appropriate, and for necessarily and
reasonably incurred costs.
DATED this 2nd day of October, 2018.
DEVLIN LAW, P.C.
/s/ John T. Devlin

John T. Devlin
Oregon State Bar No. 042690
Plaintiff demands Trial by Jury.
DATED this 2nd day of October, 2018.
DEVLIN LAW, P.C.
/s/ John T. Devlin

John T. Devlin
Oregon State Bar No. 042690
Case 3:18-cv-01754-HZ Document 1-1 Filed 10/02/18 Page 1 of 2
JS 44 (Rev. 06/17) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Brenda Kay Nordenstrom, in her individual capacity and as Personal Corizon Health, Inc., Clackamas County, Jana Rackley, Camille
Representative of the Estate of Bryan Perry Valberg, Nadia Petrov, Alex Salazar M.D., Shawn Shultz... cont on p.2
(b) County of Residence of First Listed Plaintiff Multnomah County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
John T. Devlin
Devlin Law, P.C., 1212 SE Spokane St., Portland, OR 97202
503.228.3015
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 448 Education ’ 555 Prison Condition
’ 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
42 USC Section 1983
VI. CAUSE OF ACTION Brief description of cause:
Failure to provide adequate healthcare to plaintiff while in jail.
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. 13,500,000.00 JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/15/2018 /s/John T. Devlin
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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Case 3:18-cv-01754-HZ Document 1-1 Filed 10/02/18 Page 2 of 2
Defendants continued:

Benjamin Lefever, Matt Savage, Ricky Paurus, Lacey Sandquist, Richard Taylor,
Nick Johnson, Matrona Shadrin; and John Does 1‐10.
Page 2 – civil cover sheet

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Case 3:18-cv-01754-HZ Document 1 Filed 10/02/18 Page 1 of 38

John T. Devlin, OSB No. 042690

Of Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

BRENDA KAY NORDENSTROM, personal Civil Action No.

1. On November 3, 2016, Bryan Perry (then age 31) was arrested on an

JURISDICTION AND VENUE

jurisdiction of the state law negligence claims pursuant to 28 USC § 1367.

3. Plaintiff Brenda Nordenstrom is the duly appointed personal representative

4. Bryan Perry was born in Portland, Oregon on April 7, 1985. He served in

and received a Purple Heart.

5. Corizon Health, Inc. (“Corizon”) is a Delaware corporation authorized to do

pertinent, Corizon was acting under color of state law.

6. Clackamas County is an Oregon county. Clackamas County operates a jail,

and persons convicted of crimes held at the Clackamas County Jail.

7. Jana Rackley is a registered nurse who was employed by Corizon to work as

resident of the State of Oregon.

8. Camille Valberg is a registered nurse who was employed by Corizon to work

resident of the State of Oregon.

9. Nadia Petrov is a registered nurse who was employed by Corizon to work as

citizen and resident of the State of Oregon.

and resident of the State of Oregon.

belief, he is a citizen and resident of the State of Oregon.

12. Benjamin Lefever is a Clackamas County employee who at all times

and belief, he is a citizen and resident of the State of Oregon.

he is a citizen and resident of the State of Oregon.

belief, he is a citizen and resident of the State of Oregon.

belief, she is a citizen and resident of the State of Oregon.

belief, he is a citizen and resident of the State of Oregon.

belief, he is a citizen and resident of the State of Oregon.

belief, she is a citizen and resident of the State of Oregon.

medical care is a nondelegable duty.

21. Commencing in July 2011, Clackamas County contracted with Corizon to

per year for its services.

standards promulgated and developed” by the National Commission on Correctional

individual to the hospital emergency room. The medical clearance is to be documented in

24. NCCHC Standard J-G-07 states that it is “essential” that “[i]nmates

experiencing severe or progressive intoxication (overdose) or severe alcohol/sedative

withdrawal are transferred immediately to a licensed acute care facility.” NCCHC

intoxication or withdrawal are monitored by qualified health care professionals using

recognized standard assessments at appropriate intervals until symptoms have resolved.”

that he had an outstanding warrant.

booked into the Clackamas County Jail at 7:15 p.m.

Perry was showing “signs of alcohol/drugs withdrawals/sweating/needle

marks/tremulouse/hallucinations” or had “current substance abuse needs.” Deputy Shultz

Perry was displaying “abnormal/bizarre behavior/dress” or was

“delusional/incoherent/paranoid/passive/developmental disability.” Deputy Shultz

treatment/signs of trauma” or “needs to be seen by a nurse.” Sergeant Richard Taylor, who

was the Booking Sergeant, approved this document.

down. Sergeant Taylor observed the process.

movements, thrashing around in the chair he was seated in.”

used to prevent people from hurting themselves on hard surfaces.

Taylor observed the entire process.

of the people watching Mr. Perry.

videos, along with another male known as John Doe 10.

the cell phone videos.

girlfriend like, ‘you love this?’”

Deputy Paurus says: “You might get an eyeful so be careful.”

videos or making the comments that were recorded.

46. Sergeant Johnson was present during a conversation between Sergeant

and Mr. Perry responded “I love you too.”

hold still because of the drugs he had in his system.”

brought in a cup of water, but Mr. Perry knocked it over.

two deputies to check on Mr. Perry.